HOUSTON—A Texas judge has ordered TransCanada to temporarily halt work on a private property where it is building part of an oil pipeline designed to carry tar sands oil from Canada to the Gulf Coast, the latest legal battle to plague a project that has encountered numerous obstacles nationwide.

Texas landowner Michael Bishop, who is defending himself in his legal battle against the oil giant, filed his lawsuit in the Nacogdoches County courthouse, arguing that TransCanada lied to Texans when it said it would be using the Keystone XL pipeline to transport crude oil.

Tar sands oil—or diluted bitumen—does not meet the definition as outlined in Texas and federal statutory codes which define crude oil as “liquid hydrocarbons extracted from the earth at atmospheric temperatures,” Bishop said. When tar sands are extracted in Alberta, Canada, the material is almost a solid and “has to be heated and diluted in order to even be transmitted,” he told The Associated Press exclusively.

“They lied to the American people,” Bishop said.

Texas County Court at Law Judge Jack Sinz signed a temporary restraining order and injunction Friday, saying there was sufficient cause to halt work until a hearing Dec. 19. The two-week injunction went into effect Tuesday after Bishop posted bond.

TransCanada spokesman Shawn Howard said later in a statement that the judge had agreed to push the hearing up to Thursday, Dec. 13.

David Dodson, a spokesman for TransCanada, has said courts have already ruled that tar sands are a form of crude oil. The company said in a statement emailed Tuesday that work on Bishop’s property is underway and that the injunction will not have an effect on construction.

“We are on track to bring this pipeline into operation in late 2013,” the statement said.

Environmentalists are concerned that if the pipeline leaks or a spill occurs, the heavy tar sands will contaminate water and land. The tar sands, they argue, are more difficult to clean than regular crude, and U.S. pipeline regulations are not suited to transport the product. They also say refining the product will further pollute the air in the Texas Gulf Coast. The state already leads the nation in greenhouse gas emissions and industrial pollution.

In February, another judge briefly halted work on the pipeline in northeast Texas due to archaeological artifacts on the property. The judge later ruled the work could resume. The pipeline is being built, although the landowner is fighting the condemnation of her land.

TransCanada wants to build the pipeline to transport tar sands from Alberta to the Gulf Coast, but has encountered roadblocks along the way. To cross the U.S.-Canadian border, the company needs a presidential permit, which was rejected earlier this year by President Barack Obama, who suggested the company reroute to avoid a sensitive environmental area in Nebraska. The company plans to reroute that portion.

In the meantime, Obama encouraged the company to pursue a shorter portion of the pipeline from Oklahoma to Texas, which would help relieve a bottleneck in Cushing. TransCanada received the necessary permits for that southern portion earlier this year and began construction.

But many Texas landowners have taken to the courts to fight the company’s land condemnations in a state that has long wed its fortunes to oil.

Bishop owns 20 acres in Douglass, a town about 160 miles north of Houston. He used to raise poultry and goats on the land where he lives with his wife and 16-year-old daughter, he said, but sold the animals about two years ago because of the planned pipeline. Initially, the Vietnam War veteran said, he fought the company’s attempt to condemn his land, but settled because he could not afford the lawyer’s fees of $10,000.

Bishop said he settled under “duress,” so he bought a law book and decided to defend himself. Since then, he has filed a lawsuit in Austin against the Texas Railroad Commission, the state agency that oversees pipelines, arguing it failed to properly investigate the pipeline and protect groundwater, public health and safety.

Aware that the oil giant could have a battery of lawyers and experts at the hearing later this month, Bishop, a 64-year-old retired chemist currently in medical school, said he is determined to fight.

“Bring ’em on. I’m a United States Marine. I’m not afraid of anyone. I’m not afraid of them,” he said. “When I’m done with them, they will know that they’ve been in a fight. I may not win, but I’m going to hurt them.”

As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to remove any comment we deem to be defamatory, rude, insulting to others, hateful, off-topic or reckless to the community. See our full terms of use here.

More in News

DULUTH, Minn. — A Roanoke, Va., multimillionaire who made his fortune in health care and has recently purchased coal mines wants to buy the bankrupt Magnetation LLC operations on Minnesota’s Iron Range and put laid-off employees back to work. That’s the plan of Tom Clarke, owner of ERP Compliant Fuels and now ERP Iron Ore, who has brokered a deal...

Renaldo Terez McDaniel was looking under the hood of his car outside a St. Paul auto-parts store on a summer evening last June when three shots were fired. One hit the 31-year-old McDaniel in the shoulder, another pierced his stomach. The third struck his head.

Delta Air Lines is rolling out new free snacks for customers in the main cabin, including brand-name yogurt bars and pretzels. Some will come in larger portions than before because, Delta has figured out, that’s what customers crave.

MADISON, Wis. — University of Wisconsin System officials Thursday approved raising tuition for out-of-state, graduate and professional school students by hundreds of dollars at more than a half-dozen campuses as they grapple with a Republican-imposed freeze on in-state undergraduate tuition. The plan calls for increases at UW-Eau Clare, UW-Green Bay, UW-La Crosse, UW-Madison, UW-Milwaukee, UW-Stout and all the system’s two-year...

Minnesota’s attorney general sued Volkswagen on Thursday, saying the German automaker violated state laws when it sold diesel vehicles in the state with special systems designed to defeat U.S. emissions tests.

In the midst of his Cabinet deliberations, President-elect Donald Trump flew to Ohio on Thursday to meet with victims and families after the latest U.S. outbreak of violence, a somber duty that became all too familiar to his predecessor.